State responsibility: Difference between revisions
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== Definition == |
== Definition == |
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| − | <onlyinclude>Responsibility of States for internationally wrongful acts is a well-established concept in international law, resulting from the fact that each State has a legal personality and can bear legal obligations.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 1.</ref> The law of State responsibility is largely customary in nature; its codification is provided by the Draft Articles on the Responsibility of States for Internationally Wrongful Acts.<ref>Draft Articles on the Responsibility of States for Internationally Wrongful Acts, prepared by the International Law Commission and approved by the General Assembly resolution 56/83 of 12 December 2001.</ref> While some of the Articles are more controversial, they are generally accepted as reflective of customary law.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 65.</ref> The law of State responsibility also applies to cyber operations and other cyber activities.<ref>Tallinn Manual 2.0, commentary to rule 14, para. 1.</ref> |
+ | <onlyinclude>Responsibility of States for internationally wrongful acts is a well-established concept in international law, resulting from the fact that each State has a legal personality and can bear legal obligations.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), ''Max Planck Encyclopedia of Public International Law'' (OUP 2008), paragraph 1.</ref> The law of State responsibility is largely customary in nature; its codification is provided by the Draft Articles on the Responsibility of States for Internationally Wrongful Acts.<ref>Draft Articles on the Responsibility of States for Internationally Wrongful Acts, prepared by the International Law Commission and approved by the General Assembly resolution 56/83 of 12 December 2001.</ref> While some of the Articles are more controversial, they are generally accepted as reflective of customary law.<ref>James Crawford, “[http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1093 State Responsibility]”, in R Wolfrum (ed), ''Max Planck Encyclopedia of Public International Law'' (OUP 2008), paragraph 65.</ref> The law of State responsibility also applies to cyber operations and other cyber activities.<ref>Tallinn Manual 2.0, commentary to rule 14, para. 1.</ref> |
Every internationally wrongful act of a State has two elements: 1) attributability to the State under international law, and 2) breach of an international obligation of the State.<ref>Articles on State Responsibility, Art. 2.</ref></onlyinclude> |
Every internationally wrongful act of a State has two elements: 1) attributability to the State under international law, and 2) breach of an international obligation of the State.<ref>Articles on State Responsibility, Art. 2.</ref></onlyinclude> |
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Revision as of 07:20, 26 September 2018
Definition
Responsibility of States for internationally wrongful acts is a well-established concept in international law, resulting from the fact that each State has a legal personality and can bear legal obligations.[1] The law of State responsibility is largely customary in nature; its codification is provided by the Draft Articles on the Responsibility of States for Internationally Wrongful Acts.[2] While some of the Articles are more controversial, they are generally accepted as reflective of customary law.[3] The law of State responsibility also applies to cyber operations and other cyber activities.[4]
Every internationally wrongful act of a State has two elements: 1) attributability to the State under international law, and 2) breach of an international obligation of the State.[5]
Appendixes
See also
Notes and references
- ↑ James Crawford, “State Responsibility”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 1.
- ↑ Draft Articles on the Responsibility of States for Internationally Wrongful Acts, prepared by the International Law Commission and approved by the General Assembly resolution 56/83 of 12 December 2001.
- ↑ James Crawford, “State Responsibility”, in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (OUP 2008), paragraph 65.
- ↑ Tallinn Manual 2.0, commentary to rule 14, para. 1.
- ↑ Articles on State Responsibility, Art. 2.
Bibliography and further reading
- Etc.
External links
- (...)